Burn Baby Burn Says Mc Donald’s

You can almost smell the coffee.  Well, in this case, the tea.  When Mc Donalds isn’t making people fat or clogging their arteries with their greasy food, they seem to have a knack for scalding people with their boiling beverages.

This time it’s Mirian Richardson, a Mount Vernon resident, whose scared lap might never be the same thanks to the carelessness of workers at Penn Restaurant, Inc. of Armonk, NY, the operator’s of the Mc Donalds franchise where Richardson was hurt.  She is suing the company for an undisclosed amount.

The publicity in this case is unlikely to compare with the firestorm over a well-known incident from 15 years ago where a 79- year-old Albuquergue woman sued the company because her coffee was too hot.

This case is almost always tossed out by insurance companies and big business as the poster child for tort reform and to smear trial lawyers.  But anyone who understands the truth about this case knows that the woman suffered 3rd degree burns over 6 percent of her body.  She was hospitalized for 8 days and she underwent skin grafting

The Mc Donald’s coffee she was served was not simply hot, it was a scalding 190 degrees, which is 50-to-60 degrees hotter than normal coffee made at home and in most restaurants.   it turned out that Mc Donald’s purposely kept the coffee scalding hot despite having received more than 700 complaints and claims of serious burns from customers over a 10-year period.

Mc Donalds’ finally admitted they make too much money selling the coffee scalding hot and would rather pay the claims of the people they burn than lower the temperature of the coffee.  It’s a simple numbers game.



 

The New York Times reported today that a trial date has been set for the remaining wrongful death lawsuits stemming from the 9/11 terror attacks.  April 12, 2010 is the date set by a Manhattan judge.

One plaintiff whose daughter was a flight attendant on Flight 11 said he was gratified.  ”It’s something we have sought and pursued for a long time.”
Let’s see, by my calendar, that’s 8 years and 7 months from the day of  the attack.  In that time, a war has been started and almost ended, men and women have gone back and forth into outer space (I lost count how many times), cures have been found for incurable diseases, a U.S. presidential administration has changed hands, people can surf the net on their cell phones and glaciers the size of small cities are melting into the ocean.
The plaintiffs were forced to wait all this time to get the justice they deserve because, according to Judge Alvin K. Hellerstein, they wanted a trial and didn’t want to settle.
What was it Bob Dylan once said: “Makes you feel ashamed to live in a land where justice is a game.”
 
 

Daily News May Have Prevented A Disaster

Boy, talk about accidents waiting to happen.  A crumbling parking garage in Harlem with rotted, overloaded floor joists authorities claim hold up the whole building, continued to do business despite more than 80 code violations brought by the city.  Finally, the Buildings Department was able to close the garage down before anyone got hurt, or worse.
I find it very interesting that this story made headline news in a city riddled with structures not unlike this one, in desperate need of repair and a hazard to all who dwell in, or even around, them.
Despite repeated warnings and code violations, the owner, Samuel Mandel of the Bronx, continued to collect parking fees from the 300 unsuspecting car owners whose vehicles occupied spaces in the four story building every day. 
Could it be that police moved in to close and vacate the garage on July 10 after The Daily News sought comment from city agencies, and news of the paper’s inquiries  landed on the desks of local political leaders?
Wouldn’t surprise me.  If it wasn’t for the news media and personal injury lawyers I don’t think anything would get done in this city to protect the health and well-being of residents.
 

 

"Sunshine" Has A Dark Side

The New York Daily News ran a story today about a very protective “Rotty” — as in big dog that looks demonic — who leisurely rides the day away in a specially-designed carriage on one of Coney Island’s best-known attractions, the 120-foot tall ferris wheel called Denos Wonder Wheel.  At night, however, Sunshine, that’s the dog’s name, goes medieval as he stealthily  guards the grounds around the ferris wheel to keep vandals at bay.

While I realize dogs can perform a valuable service protecting their owners and their owner’s property, at what point does turning loose an animal like Sunshine, whose size and strength makes him capable of doing serious harm, even potentially killing, a person, be regarded by the law as more an act of negligence, than one of self-defense, should the dog ever actually harm someone in the line of duty?
If there are any new york personal injury lawyers out there, I’d like to hear your thoughts.
  
 

As landlords in New York City run into trouble paying their mortgages, go broke, skip town and forget to leave a forwarding address, tenants left behind in buildings abandoned by their owners are facing growing problems as broken doors, falling ceilings, cracked staircases and defective elevators go unrepaired and create unsafe living conditions for building residents. 

Many of these landlords, who could easily become targets of civil suits by tenants whose buildings are crumbling around them, bought their properties in recent years when the real estate market was at its peak.  And, according to an article in today’s The New York Times, these same landlords are “struggling to make mortgage payments, let alone pump thousands of dollars into buildings for repairs.”
The Times reports that elected officials and tenant advocates “place much of the blame for distress of multi-family apartment buildings not on landlords, but on the lenders who financed many of those borrowers now in default, saying the loans for the properties were based on shoddy lending practices and unrealistic projections of rising rents.” 
New York personal injury lawyers should hold predatory banks responsible for making improper loans to landlords and go after them to pay the tab on behalf of clients who are injured in their buildings as a consequence.
 

Who Would I Sue?

I don’t know if this only happens in New York, but it’s no wonder The Big Apple boasts having a personal injury law firm virtually on every corner.  The New York Times reported today that early last year Manhattan prosecutors concluded that the area’s largest concrete testing company, Testwell Laboratories, had been systematically falsifying its results on many public and private construction projects, including the testing of the concrete used to build the pending Second Avenue Subway, the No. 7 Line and the South Ferry Terminal Station.  

When they found out, The Metropolitan Transportation Authority acted swiftly to evaluate how much retesting was needed to ensure the strength of concrete on existing projects, and chose a replacement for Testwell.  The Authority picked American Standard Testing Laboratories to reevaluate the sites it thought had been properly checked.
As it turns out, American Standard is now also under criminal investigation for having falsified its own reports and for other improprieties.
Which makes me wonder who I would sue, if on route to Flushing Meadow to watch the resurgent Mets, a big chunk of concrete was to fall on my head while waiting for the No. 7 train? 
 

A Staten Island woman fell into an uncovered sewer manhole this past weekend.  She wasn’t watching where she was going, her mind and eyes completely preoccupied by the text messages she was sending from her cell phone while crossing the street.

The Department of Environmental Protection claims that the open manhole was left unattended for just a moment while workers went to pick up some tools from their truck.

Now the parents of the injured girl, Alexa Longueira, 15, are filing a lawsuit.  But the grounds for the suit are unclear.  The high school sophomore was looked at by doctors at Staten Island University Hospital and released. 

The teen’s mother argues that the fact her daughter was walking and texting is irrelevant.   “The ‘gross’ factor still can’t be ignored,” her mother said.

As a New York resident with a car, I can’t tell you how many times I’ve avoided collisions with other drivers, or serious mishaps with feckless pedestrians who can’t seem to live life for one moment without a cell phone attached to their eyes and ears.

I would be interested in what a New York personal injury lawyer has to say with regard to this matter.